Publication
May 17, 2022

Jenner & Block Partners Anthony S. Barkow, Neil M. Barofsky, and firm chair Thomas J. Perrelli are editors of the third edition of Global Investigations Review’s Guide to Monitorships, a leading resource for practitioners in the area. They, along with Partners Erin R. Schrantz, Matthew D. Cipolla, and Michael W. Ross,are co-authors of several sections of the book. The five-part guide covers all aspects of monitorships through in-depth analysis and first-hand perspectives of the key issues.

In the Introduction, Mr. Barkow – co-chair of Jenner & Block’s Investigations, Compliance, and Defense Practice and managing partner of its New York office – and Mr. Ross discuss the historical roots of the corporate monitor and how that role has evolved over time. “In an era when monitorships have become a regular tool of law enforcement, this guide provides critical insights for any private practitioner, government lawyer, senior executive or general counsel, or board member interested in delving more deeply into how monitorships work in practice,” the authors write.

In the chapter, “Changing Corporate Culture,” Mr. Barofsky – chair of the firm’s Monitorship Practice – and co-authors Mr. Cipolla and Ms. Schrantz discuss the role of a monitor in effecting cultural change and provide guidance on revamping a corporation’s culture. “Although cultural change is a daunting task, with a monitor’s help and guidance, not only can prosecutors and regulators be assured that the company is meeting its compliance responsibilities, the company itself can experience transformational change that leads to sustained, profitable and compliant growth,” the authors write.

In the chapter,” The Life Cycle of a Monitorship,” Mr. Perrelli – founder and co-chair of the firm’s Government Controversies and Public Policy Litigation Practice – discusses the start of a monitorship, including understanding the scope of work, previews issues that may arise, and discusses reporting. “Many issues that could arise in a monitorship are addressed by a few key documents finalized at or near the commencement of a monitorship, which provide a window on the entire life cycle of a monitorship: the agreement, the engagement letter and the work plan,” Mr. Perrelli writes.

Mr. Barkow, Mr. Barofsky and Mr. Perrelli acknowledge Partner Jessica Ring Amunson and Associates Tessa J.G. Roberts, Matthew T. Gordon, and Tiffany M. Lindom for their contributions to this publication.